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Case TitleRoll v. United States Department of Veterans Affairs
DistrictNorthern District of Ohio
CityAkron
Case Number5:2019cv02825
Date Filed2019-12-05
Date Closed2020-02-21
JudgeJudge John R. Adams
PlaintiffStewart D Roll
Case DescriptionStewart Roll submitted a FOIA request to the Department of Veterans Affairs for records concerning the agency's decision that Roll was not exposed to Agent Orange during his 1970-1971 tour in Vietnam. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Roll filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Veterans Affairs
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-12-051Complaint against United States Department of Veterans Affairs. Filing fee paid $ 400, Receipt number 0647-9662232.. Filed by Stewart D Roll. (Attachments: # 1 Exhibit A - FOIA request, # 2 Exhibit B - USDVA acknowledgment of receipt, # 3 Civil Cover Sheet, # 4 Summons) (Simpkins, Scott) (Entered: 12/05/2019)
2019-12-05Judge John R. Adams assigned to case. (T,Je) (Entered: 12/05/2019)
2019-12-05Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (T,Je) (Entered: 12/05/2019)
2019-12-052Original Summons and Magistrate Consent Form issued to counsel for service upon United States Department of Veterans Affairs. (Attachments: # 1 Magistrate Consent Form) (T,Je) (Entered: 12/05/2019)
2019-12-05Remark by Clerk re Service Upon U.S. Government Defendant. If a U.S. Government agency or officer is sued, you must provide summons for that defendant, for the U.S. Attorney General (Department of Justice, Washington, D.C. 20530) and the U.S. Attorney for the Northern District of Ohio (801 West Superior Avenue, Suite 400, Cleveland, OH 44113-1852). (T,Je) (Entered: 12/05/2019)
2019-12-053Praecipe for issuance of Original Summons filed by Stewart D Roll. (Attachments: # 1 Summons for U.S. Attorney General, # 2 Summons for U.S. Attorney N.D. Ohio)(Simpkins, Scott) (Entered: 12/05/2019)
2019-12-054Original Summons issued to counsel for service upon United States Department of Veterans Affairs c/o U.S. Attorney and U.S. Attorney General. (T,Je) (Entered: 12/05/2019)
2019-12-11Service by Clerk. Summons and Complaint addressed to United States Department of Veterans Affairs, c/o Attorney General, receipt # 70161970000105084070, United States Department of Veterans Affairs, c/o US Attorney, receipt #70161970000105084087, and United States Department of Veterans Affairs VBA Central Office, receipt #70161970000105084254 placed in U.S. Mail. Type of service: certified mail. Receipt # 70161970000105084070. (Y,A) (Entered: 12/11/2019)
2019-12-205Return of Service by certified mail executed upon United States Department of Veterans Affairs on 12/16/2019, filed on behalf of Stewart D Roll Related document(s) 4 . (W,CM) (Entered: 12/20/2019)
2019-12-266Return of Service by Clerk by Certified Mail executed upon United States Department of Veterans Affairs, c/o U.S. Attorney General on 12/17/2019 filed on behalf of Stewart D Roll Related document(s) 4 . (J,G) (Entered: 12/26/2019)
2020-01-087Return of Service by Clerk by certified mail executed upon United States Department of Veterans Affairs on 12/31/2019, filed on behalf of Stewart D Roll Related document(s) 2 . (J,FE) (Entered: 01/08/2020)
2020-01-10IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found on the court's website. Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking here. If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) (Entered: 01/10/2020)
2020-01-168Notice of Appearance filed by United States Department of Veterans Affairs. (Bennett, James) (Entered: 01/16/2020)
2020-01-219Attorney Appearance by David M. DeVito filed by on behalf of United States Department of Veterans Affairs. (DeVito, David) (Entered: 01/21/2020)
2020-01-2410Unopposed Motion for extension of time until February 27, 2020 within which to file its answer or other responsive pleading in this case filed by Defendant United States Department of Veterans Affairs. (Bennett, James) (Entered: 01/24/2020)
2020-01-2411Marginal Entry Order granting Defendant's 10 Motion for Extension of Time to answer. Defendant shall answer or otherwise respond to Plaintiff's Complaint on or before February 27, 2020. Judge John R. Adams on 1/24/20.(K,C) (Entered: 01/24/2020)
2020-02-04LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period. Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) (Entered: 02/04/2020)
2020-02-1912Notice of Dismissal Under FRCP 41(a)(1) filed by Stewart D Roll. (Simpkins, Scott) (Entered: 02/19/2020)
2020-02-2113Marginal Entry Order voluntarily dismissing this matter without prejudice. Judge John R. Adams on 2/20/20. (K,C) (Entered: 02/21/2020)
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by FOIA Project Staff
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